Federal Rule of Evidence (FRE) 607 is a pivotal rule in U.S. evidence law that permits any party, including the party who called the witness, to attack the witness's credibility. This rule revolutionized courtroom strategy by abolishing the traditional "voucher" rule, which previously prevented a party from impeaching their own witness.
Core Principle of FRE 607
At its heart, Rule 607 simplifies the process of challenging a witness's truthfulness. It states:
Rule 607. Who May Impeach a Witness
Any party, including the party that called the witness, may attack the witness's credibility.
This means that if a party calls a witness to testify, and that witness gives testimony that is unexpected, unfavorable, or simply needs contextualization regarding their character, the calling party is not barred from questioning their credibility.
For instance, attorneys often introduce background information about their own witnesses, such as details about biases or past convictions, not to undermine their entire testimony, but rather to anticipate and mitigate potentially damaging revelations during cross-examination by the opposing side. This strategic move helps to "forestall" or pre-emptively address issues that could otherwise severely impact the witness's perceived reliability.
Historical Context and Significance
Before the adoption of FRE 607, many jurisdictions adhered to the "voucher" rule, a common law principle that treated a party as "vouching" for the credibility of any witness they called. This rule created significant practical challenges:
- Hostile Witnesses: If a witness called by a party turned out to be hostile or gave unexpected testimony, the calling party was often stuck, unable to challenge their own witness's veracity.
- Surprise Testimony: Cases could be derailed by a witness who changed their story on the stand, leaving the calling party without recourse to impeach them.
Rule 607's introduction addressed these issues by recognizing the complexities of trial dynamics and ensuring that justice is served by allowing a full exploration of a witness's credibility, regardless of who called them to the stand. This rule aligns with the broader goal of discovering the truth by allowing parties to present a complete picture of a witness's potential biases or untrustworthiness.
Methods of Attacking Credibility
While Rule 607 establishes who may impeach a witness, other Federal Rules of Evidence govern how credibility may be attacked. Common methods include:
- Bias or Interest: Showing that a witness has a motive to testify in a certain way (e.g., financial interest, relationship with a party).
- Prior Inconsistent Statements: Demonstrating that the witness has previously made statements that contradict their current testimony.
- Character for Truthfulness:
- Opinion or Reputation Evidence (FRE 608): Introducing evidence of a witness's reputation for truthfulness or untruthfulness.
- Specific Instances of Conduct (FRE 608): In limited circumstances, inquiring into specific instances of a witness's conduct if they are probative of their character for truthfulness or untruthfulness.
- Prior Convictions (FRE 609): Introducing evidence of certain criminal convictions to challenge a witness's character for truthfulness.
- Contradiction: Presenting evidence that directly contradicts the witness's testimony on a material point.
Practical Implications and Examples
FRE 607 offers attorneys crucial strategic flexibility:
- Preemptive Impeachment: A common use is to "draw the sting" from anticipated negative information. For example, if a key prosecution witness has a prior felony conviction, the prosecutor might ask about it on direct examination. This can make the witness appear more forthright and reduce the impact when the defense later brings it up on cross-examination.
- Dealing with "Adverse" or "Hostile" Witnesses: If a witness called by one party unexpectedly becomes uncooperative or provides testimony damaging to that party's case, FRE 607 allows the calling party to question the witness as if on cross-examination, exposing inconsistencies or biases.
- Maintaining Control: It ensures that a party is not bound by the testimony of a witness they call, especially if that witness's memory or truthfulness becomes questionable during direct examination.
Here's a simplified overview:
| Aspect | Description |
|---|---|
| Purpose | To allow any party to challenge a witness's credibility, including the party who called them. |
| Impact | Abolished the "voucher" rule, enhancing flexibility in trial strategy. |
| Application | Enables attorneys to introduce evidence of bias, prior convictions, or inconsistent statements even from their own witnesses. |
| Benefit | Allows for preemptive strikes against potential damaging cross-examination and addresses unexpected or hostile testimony. |
Federal Rule of Evidence 607 is fundamental to ensuring that juries receive the most accurate and complete picture of a witness's reliability, thereby aiding in the pursuit of truth within the legal system.
